According to South Carolina law, motorists are required to provide proof of a vehicle being insured if they are requested by a law enforcement officer. If the motorist is unable to provide proof they should be issued a citation and be subject to a fine or imprisonment. If the police officer at the scene of the accident had realized that the other party's insurance had expired, SC law requires the officer to issue a Notice of Requirement to verify that liability insurance was in effect at the time of the accident.

If this was issued then the car owner would be responsible for providing proof that the vehicle was insured at the time of the incident. Failure to do so within 15 days from the date of the accident results in the suspension of owner's driver's license and or registration privileges. Also it is state law that if your insurance is expired you must return your vehicle's license plate and registration to the DMV within 5 days or be required to pay reinstatement fees of up to $400.

These are the penalties that the uninsured could face if the law enforcement officer had noticed that expired insurance. You might want to contact the officer listed on the police report and inform them of the other party's expired insurance policy.